FEDERAL COURT OF AUSTRALIA
Gardiner v Toohey [2007] FCA 1293
CHRISTOPHER GERARD GARDINER v KAREN TOOHEY AND HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
TAD 22 OF 2007
MARSHALL J
21 AUGUST 2007
HOBART
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IN THE FEDERAL COURT OF AUSTRALIA |
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TASMANIA DISTRICT REGISTRY |
TAD 22 OF 2007 |
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BETWEEN: |
CHRISTOPHER GERARD GARDINER Applicant
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AND: |
KAREN TOOHEY First Respondent
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION Second Respondent
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MARSHALL J |
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DATE OF ORDER: |
21 AUGUST 2007 |
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WHERE MADE: |
HOBART |
THE COURT ORDERS THAT:
1. The application for leave to appeal is dismissed.
2. The applicant pay the respondents’ costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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TASMANIA DISTRICT REGISTRY |
TAD 22 OF 2007 |
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BETWEEN: |
CHRISTOPHER GERARD GARDINER Applicant
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AND: |
KAREN TOOHEY First Respondent
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION Second Respondent
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JUDGE: |
MARSHALL J |
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DATE: |
21 AUGUST 2007 |
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PLACE: |
HOBART |
REASONS FOR JUDGMENT
1 This proceeding was heard at the same time as proceeding TAD 20/2007 in which judgment has just been delivered.
2 It seeks leave to appeal from the judgment of Heerey J dismissing summarily a claim made against the respondents under the Administrative Decisions (Judicial Review) Act 1977 (Cth).
3 There is no separate basis upon which this application for leave to appeal can be granted apart from those matters relied on in proceeding TAD 20/2007. For that reason, this application must also be dismissed with costs.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall. |
Associate:
Dated: 21 August 2007
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The applicant appeared for himself. |
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Counsel for the respondents: |
Mr P Bowen |
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Solicitors for the respondents: |
Australian Government Solicitor |
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Date of hearing: |
21 August 2007 |
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Date of judgment: |
21 August 2007 |
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